Immigration Law

Immigration law and policy is constantly changing. It can be confusing to know which visa to apply for and how to maximise your chance of being approved.

If you are looking to work, live, study or start a business in Australia, or to join family here, Hall Payne’s migration team can help. We help clients in Australia and internationally with:

  • your initial application
  • overturning visa refusal decisions
  • dealing with visa cancellations
  • applying for ministerial intervention, and more.

We know about recent and future changes in immigration law that will impact your visa so we can give it the best possible chance to succeed. Our migration team can expertly assist you in determining which visa to apply for, and support you at every stage of that application process.

To read the Code of Conduct for registered migration agents click here

Our Expert

Leanne Taylor

Registered Migration Agent

Leanne is a Registered Migration Agent (MARN 0324021) committed to helping you realise your goal of living in Australia. Leanne has over 15 years experience working in visa preparation, complex immigration issues, and everything in between.

Common Questions

Can you help with my visa application?

Absolutely – our migration team have experience working across all visa sub-classes and can help you at any stage of your application, including if your initial application has been unsuccessful. Whether it’s a full preparation service you require, or assistance with one specific visa subclass related question, we can help.

Our migration team have extensive experience working with clients seeking the visas in the following areas:

  • Business Investor
  • Family
  • Employer Sponsored
  • Partner
  • Working Holiday
  • Student
  • Skilled

How do I know if I'm eligible?

This is one of the most difficult questions for you to answer on your own, particularly as the Department of Immigration and Border Protection website provides only limited, basic information.

The best way to be confident that you meet the relevant eligibility requirements for any type of visa is to consult with a Registered Migration Agent. Hall Payne can work with you to address each stage of the application, including establishing your eligibility at the outset.

Do I need legal advice when applying for a visa?

This will depend on your individual circumstances. That said, given the amount of money people now need to invest in this process we recommend you get legal advice, even if the advice you obtain is limited to checking your complete application before you submit it. Advice will ensure you don’t miss something relatively minor which could result in you having to start again, and losing the cost of your initial application.

How long will it take to get my visa?

The sooner your application is finalised, the sooner you’ll hear back and be able to take the next step in your life. That said, a thoroughly prepared application can’t be rushed, and care should be taken to make sure your application is prepared correctly.

We can assist you to prepare a “complete” application which should result in faster processing times, however backlog and high demand in a number of visa subclasses can and does result in significant delays.

If your application has been rejected, there are many variables to determine how long an appeal will take. If this is the situation you’re in, contact us to discuss the specifics of your case.

I'm looking at investing within Australia. What are my options?

There are a number of investor/business based visas available depending on your level of past experience and overall financial position. These are complex and evidence based applications which take a lot of time and work to prepare properly.

Due to this complexity, we do not recommend you attempt these types of applications with professional assistance. Hall Payne can walk you through the process, and give you the guidance you need to prepare your application.

My employer wants to sponsor me to stay - what do I need to do?

There’s no quick answer for this – a number of factors will play a part in determining the type of visa you will need to continue working in Australia. This can include the type of employment you are being offered, where your work is located and what skill level is required for your work.

The number of variables here mean it will be very difficult to complete your application without professional help. Our migration team can guide you through the process and help you prepare your application.

What does an working holiday visa allow me to do?

Working holiday visas are exactly what you would expect them to be: a visa that allows you to come to Australia for an extended holiday, with short term work rights.

The general criteria is that you are aged between 18 and 31 and are travelling without any dependants. Your ability to work is restricted to 6 months for any one employer (with a recent relaxation for working in different regions for the same employer).

A number of industries in Australia rely on working holiday makers to cope with seasonal workloads, meaning there’s a lot of opportunity to come to Australia on this kind of visa. In short, we’d love to have you here.

Visas are not yet available to people from all countries but arrangements and agreements are continually being finalised. Consultation with one of Hall Payne’s migration team can help you with the process of applying, as well as understanding what you’re able to do once you’re here.

What do I need to do to live with my partner in Australia?

A partner is someone who you have committed to in a relationship for the long term. You could be de facto, married, have a civil registered relationship or a same sex couple. The assessment relates to the degree of commitment between couples, the length of the relationship and the evidence that can be provide of having combined your lives.

Unfortunately, it’s an invasive and expensive process to obtain a temporary partner visa so you need to make sure you get it right the first time. Seek some assistance to prepare it properly even if it’s only an agent checking your application just before you lodge.

I want to study in Australia – what visa do I need?

To study in Australia you will need to be accepted into a course registered for international students. After this, you will then need to apply for a visa and be able to satisfy the financial, English language, genuine entrant and genuine student criteria.

You will then be required to provide supporting evidence, exactly what will depend on your country of origin and the current risk rating of your proposed education provider.

The genuine student and genuine temporary entrant considerations can trip people up when applying – advice from a migration agent specialising in this area can help prepare you so you know what is likely to be taken in to account when a case officer assesses your application.

I came to Australia on a temporary visa but now want to stay, what are my options?

This will depend on your circumstances, as well as your future plans. If you’re in this situation talking to an adviser will mean you can explore what options might be available you, and what the next steps are. Contact Hall Payne for an appointment with an expert in immigration today.

How can I get my family to Australia

Family can apply to visit you under one of the many temporary visit/tourist visas available.

Family may also be able to join you permanently if they satisfy specific criteria, including your parents, your children and other dependants. This criteria changes depending on your situation, which means the process of applying for visas of this kind can be quite complex.

Hall Payne can assist you to drill down on the requirements of each visa and the evidence needed in order to be granted a visa under a specific subclass.

What can I do if my application is rejected?

Short time frames apply to make an application for review. These avenues exist through the Administrative Appeals Tribunal, as well as through the Federal Court system, both  in very specific circumstances.

As a general rule, if you applied for your visa while you were out of Australia, you won’t have rights to a review. That said, there are exceptions, and a migration agent can help you navigate what can be a complex process.

If you’re considering reviewing a decision you need to seek urgent advice from a lawyer who has experience in migration and administrative law to provide advice on your prospects of success. Contact Hall Payne today to discuss your options.

1800 659 114

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